Impaired drivers in Ontario face automatic, harsher penalties under new rules now in effect

Drivers in Ontario caught operating a vehicle while impaired will face tougher penalties that no longer need the determination of a judge.

The province changed the Highway Traffic Act effective Jan. 1 to include a lifetime licence suspension for impaired driving causing death. First-time offenders caught under the influence will lose their licence for seven days, up from the current three-day suspension.

"There's no one single solution to the problem of impaired driving," said Steve Sullivan, CEO of Mothers Against Drunk Driving (MADD) Canada. "So I think any time we see some reforms that are positive, that's a step in the right direction."

Previously, driving bans in criminal cases were handed down at the judge's discretion, Sullivan explained, adding that an automatic ban in certain cases is a tougher, more consistent approach.

On Monday, Ontario Provincial Police (OPP) released data from the holiday RIDE Program that showed 1,268 people had been charged with impaired driving in December.

In the London area, 269 charges were laid, along with 40 warn-range suspensions.

"A lot of people continue to drink and drive, which is frankly baffling when you consider that people can make alternative arrangements to get home safely and some people choose not to do so," OPP spokesperson Derek Rogers said.

He added that police support any new legislation that will lead to improved public safety.

One change will be mandatory education for people convicted of impaired driving that will now happen after the first offence, rather than the second.

"At MADD, we think that people who drive impaired can benefit from education about how alcohol can can impact your system and your ability to drive," Sullivan said.

Immediate penalties needed: MADD

Sullivan said the organization would also like to see Ontario follow the lead of other provinces and implement Immediate Roadside Prohibition (IRP).

This allows a police officer to hand administrative penalties directly to drivers with a blood alcohol content (BAC) over 0.08, which is the threshold for a criminal offence. British Columbia was the first province to adopt this in 2010, and Manitoba, Saskatchewan and Alberta followed suit.

Roadside penalties include immediate licence suspension, impoundment, fines, ignition interlock devices and education programs. It also saves time for police who spend hours processing paperwork for the offence, Sullivan said.

He also advocates for the use of ignition interlock devices, which measure a driver's BAC before allowing the vehicle to start, helping ensure anyone convicted of impaired driving is on the road legally, sober and insured, he explained.

"The fact that hundreds of people were charged with impaired driving at a time when the public knew the police were out there looking for impaired drivers is clearly disturbing," he said, pointing to the latest RIDE program numbers.

The Highway Traffic Act has changed to include:

• Lifetime driver's licence suspension for being convicted of impaired driving causing death.

• Mandatory remedial education for first-time alcohol and/or drug-related administrative occurrences.

• Longer roadside licence suspensions for first- and second-time alcohol/drug related occurrences.

• Seven-day roadside licence suspension for the first offence, 14 days for the second and 30 days for any further offences.